Tier-1 dependents ILR under JR < 2yrs UK tenure experienc

farazfastian · Post by **farazfastian** » Fri May 21, 2010 10:00 am

Hi All,

There are quite a few threads on this topic already but i just want to consolidate all. To explain the situation briefly it's basically when your tier-1 dependents haven't spend 2 years in UK and applying for ILR under JR with you. Currently, most likely UKBA is not allowing ILR for dependents in this situation giving the reason that Tier-1 dependents should spend 2 years before they can apply for ILR neglecting the main applicant JR case and that the applicant is also on Tier-1.

There are few cases reported on the forum especially at Croydon PEO that their dependents been granted ILR after having some discussions with the clerk/Case Workers BUT there are also cases when it's been denied.

So please can we all share both type of cases no matter you applied in person or via post.

Many Thanks,
Faraz

farazfastian · Post by **farazfastian** » Fri May 21, 2010 10:07 am

Here's my case:

I initially came on HSMP in July 2006 then converted to Tier-1 and my wife came in January 2009 as Tier-1 Partner written on her visa.
I've got ILR-JR appointment at Croydon for 23rd June and have already tried to convince UKBA on the phone but they are not agreeing at all.

Regards
Faraz

1664 · Post by **1664** » Fri May 21, 2010 10:25 am

My case could have been a catalyst of various discussions on this topic,again!
My wife being a Tier 1 dependent but not being a 2 year resident was not eligible according to the screening clerk(SC) whereas the JR policy document says otherwise.

cheerfulkhan · Post by **cheerfulkhan** » Fri May 21, 2010 11:56 am

I have similar case as Faraz. My appointment is on 8th June. I am going to speak to the clerk and see what logical point can he give in defence to the fact that JR policy document says "dependent's status will be same as the applicant". If he can convince me there, i will then apply as a sole applicant otherwise i will take it further to the case worker to decide.

gidoc · Post by **gidoc** » Fri May 21, 2010 8:16 pm

Hi all,
I had no problem with ILR for my wife as she had the HSMP dependent visa first then Tier 1 after extension.I was not asked to show how long she had stayed in the UK.
IMHO if you have HSMP first then Tier 1 , then you should not have a problem over duration of stay.
Best Regards

Post by **geriatrix** » Fri May 21, 2010 8:21 pm

gidoc wrote:Hi all,
I had no problem with ILR for my wife as she had the HSMP dependent visa first then Tier 1 after extension.I was not asked to show how long she had stayed in the UK.
IMHO if you have HSMP first then Tier 1 , then you should not have a problem over duration of stay.
Best Regards

Reading this and this will help understand the context behind this topic.

regards

farazfastian · Post by **farazfastian** » Tue May 25, 2010 3:36 pm

gidoc, could you give us more background of your case like when you & your wife came and on what visas, also what was your current visa status especially what was written on your wife's visa?
Also where and when did you get your ILR?

I know lot being asked BUT it's really gonna help lot of people here.

Many Thanks
Faraz

gidoc · Post by **gidoc** » Tue May 25, 2010 7:15 pm

My wife had her last leave as Tier 1 Residence permit. I don't think it said anywhere ' dependent'. Her earlier leave was WP dependent, then Resident permit again (as HSMP dependent but it didnt say that on the stamp).
Perhaps because her entire residence permits were in order, I was not asked to prove her duration of stay in UK,which did cover nearly 5 years anyway although not continuously. My understanding of the HSMP JR policy is that as HSMP dependent, no proof is required for duration of stay in UK and their status just follows that of the original applicant.
ILR was given at Sheffield.
best regards

Post by **geriatrix** » Wed May 26, 2010 9:26 pm

Another successful approval at PEO B'ham (please note that the child was granted ILR at the same time as the main applicant despite the fact that the child spent only about 2 weeks in UK).

regards

1664 · Post by **1664** » Wed May 26, 2010 9:28 pm

Gutted!!!
What you reckon about the wife though

farazfastian · Post by **farazfastian** » Tue Jun 01, 2010 10:43 am

srmbuddy's case doesn't fall in this category as our dependents visa says Tier-1 dependent not HSMP dependent and thats where UKBA Staff starts applying Tier-1 rules on us instead of HSMP.

I'm anxiously waiting for the cheerfullkhan's appointment which is on 8th June. Fingers crossed!

cheerfulkhan · Post by **cheerfulkhan** » Wed Jun 02, 2010 12:50 pm

yes, preparation is on the way. Guys, i have thought about the following documents to attach with my application, would anyone like to add to it?

Photograhps
6 months bank statements
6 months pay slips
4 years of P60s
Employer Reference Letter detailing absences from UK and intention to retain me in employment
My and my wife's Passport
Tenancy Agreement
my birth crtificate

cheers

cheerfulkhan · Post by **cheerfulkhan** » Tue Jun 08, 2010 6:17 pm

Hi All,

Today was my appointment and I got the ILR along with my dependent. All went very well. They didn't ask me a single question. I applied under JR and the dependent hadn't completed 2 years in the UK rather only 7 months. They gave both of us the ILR.

Regards,

Cheerfulkhan

farazfastian · Post by **farazfastian** » Wed Jun 09, 2010 9:26 am

Excellent news cheerfulkhan! Your case was the perfect example of this situation. I'm really relieved now, but still fingers crossed as you never now what happens at Croydon.

fonline32 · Post by **fonline32** » Wed Sep 08, 2010 7:24 pm

A question for CheerfulKhan.... birth certificate is necessary to show? i have same case and my appointment is on 15th Oct 2010. i m on HSMP and my wife is here in uk as my dependent from Jan 2010. (9 months). Lets see whether she gets ILR or dependent visa again.

.

I have another question to every body in hall. can i show lodger agreement or it is necessary to have a tenancy agreement. please advise. thank you.

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Tier-1 dependents ILR under JR < 2yrs UK tenure experienc

Tier-1 dependents ILR under JR < 2yrs UK tenure experienc